Liam Coyne

The Social Democrat’s Dublin South Central Candidate for GE 2016 Liam Coyne has welcomed the withdrawal of an appeal pending before the Supreme Court; against an important High Court judgment concerning tenant’s rights.

The High Court found in a 2009 judgment the rights of Carol and Laurence Pullen, Cloncarthy Road, Doneycarney, Dublin,  were breached because Dublin City Council failed to grant them an independent hearing into the allegations against them.

There was no independent mechanism available to adjudicate on the merits of the family’s proposed eviction, the court found.

Liam said the withdrawal of the appeal means the outcome in what was a landmark action stands. It is not only is a boost for the rights of tenants of local authorities but also ties in with reforms the Social Democrats have ear for the housing sector.

The High Court found in its ruling that Dublin City Council did not comply with its obligations under the European Convention of Human Rights Act 2003 and did not perform its functions in a manner compatible with the European Convention on Human Rights.

In 2006, the Council obtained an eviction notice against the Pullens under Section 62 of the 1966 Housing Act which allows an official to go to the District Court and say they have to be evicted for “good estate management”.

Under that regulation the official did not have to give any other reason and there was no hearing into the facts under the Section 62 procedure.  The family denied they were involved in anti-social behaviour and said they were in fact victims of attacks which drove them from their home.

While the law has since been changed the ruling was seen as an important case.

Since entering the fray on behalf of the Social Democrats Liam has brought the party’s housing reforms a priority of his campaign. “It is an issue that I get asked about on the doorsteps more often than not,” he said.

The decision by DCC not to go ahead with the appeal makes sense and is a move anyone with any degree of common sense supports.

“The Social Democrats are committed to having a cabinet minister with responsibility for housing, as well as the establishment of a housing authority. That body will be no mere talking shop. It is designed to bring together all relevant parties in a bid to end the homeless crisis, see more social housing built and bring about a solution to increasing rents,” said Liam.

In a ruling six years ago Ms Justice Mary Irvine said she was making the award of €20,000 to each of the Pullens to compensate them “for all the effects of the wrongful breach of their convention rights” by the City Council.

The Judge said that the violation of the Pullens rights was substantial in nature. They would be evicted from their home on the basis of a warrant for possession obtained by the Council in breach of the Pullens rights.

“They are now experiencing the awful and unenviable wait for the day they will be evicted,” the Judge said at the time, adding that their prospects of returning to they type of accommodation they had previously enjoyed were “uncertain and remote.”

The Pullens would also be “at risk of becoming homeless with all the dire consequences associated with such status.” the Judge remarked.

Ends
Liam Coyne
Social Democrats
Dublin South Central
www.liamcoyne.ie
liam.coyne@socialdemocrats.ie